Case: 10-41285 Document: 00511699089 Page: 1 Date Filed: 12/19/2011

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED December 19, 2011 No. 10-41285 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

EDUARDO OLVERA ROSALES, also known as Eduardo Rosales Ortiz, true name Edgar Salvador Ortega-Rosales,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:10-CR-1779-1

Before KING, HAYNES, and GRAVES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Eduardo Olvera Rosales has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967), and United States v. Flores,

(5th Cir. 2011). Rosales has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 10-41285 Document: 00511699089 Page: 2 Date Filed: 12/19/2011

No. 10-41285

review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

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